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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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I work as an hourly employee for a private company doing behavior

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I work as an hourly employee for a private company doing behavior therapy with kids who have autism. I work 2 hour sessions with my clients then have paperwork and data analysis to do at home. I am required to do this extra work, but my supervisor told me last week that I cannot be paid for the work I do at home. She said "there are some parts of this job you have to do that we just can't pay you for." Is that legal?
Hello and thank you for entrusting me to assist you, I will do everything I can to answer your question.

Your employer should really know better, as such a labor practice is completely impermissible under state and federal labor law. Specifically, the Fair Labor Standards Act requires employees to be paid for all time in which they are "suffered or permitted to work," which is generally defined as all time under which the employee is under the control of their employer.

You are clearly "under the conrol of your employer" when you do your paperwork and data analysis at home--you're not doing this for recreation, it's part of your job. Thus, such time is clearly compensable. Not only are you entitled to be paid for this time, your employer could be subject to civil and even criminal penalties for their intentional non-payment.

An employee in your circumstance would be wise to file a wage claim to seek compensation for the hours you have already worked without pay and to ensure that your employer's future pay practices are in conformity with the law. See here for information on how to file a wage claim:

Important also to note is that employers are legally prohibited from retaliating against employees for enforcing their rights under the labor code. Thus, if your employer were to reduce your hours, cut your pay, or fire you in retaliation for your wage complaint, that would give rise to an entirely new and separate claim for damages.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you.

Very best wishes to you and thank you so much for coming to Just Answer.
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